Court : Guwahati
Decided on : Apr-06-2002
B.B. Deb, J. 1. By this petition the petitioner, in addition to his claim for compensation, sought for a direction commanding the respondents to upgrade the standard of medical service of all the hospitals in the State in general and G. S. Hospital, Agartala in particular and for ensuring the service of Specialised Doctor in the time of needs of the patients. 2. The facts pertaining to the present petition can be summarised as below : The petitioner's son Ashim Saha met a vehicular accident on 9-7-1992 and succumbed to the injuries, virtually unattended medically in G. B. Hospital, Agartala in the evening of the said, day, The petitioner's son while was coming Agartala from Udaipur riding a Scooter sustained a minor injury in a road accident occurred at Surjyamaninagar under Amtali Police Station at about 4 p.m. on 9-7-1992. He was a trained Automobile Mechanic with graduation in Commerce and was carrying on an Automobile Workship at Udalpur Town, South Tripura District. Just afte...
Tag this Judgment!Court : Guwahati
Decided on : May-17-2002
P.G. Agarwal, J.1. This batch of 23 writ petitions are disposed of by this common judgment and order.2. We have heard Shri Ashok Desai, Sr. Advocate, Shri P.K. Goswami, Sr. Advocate, Shri G.N. Sahewalla, Sr. Advocate, Dr. Ashok Saraf, Sr. Advocate, for the writ petitioners and Shri A.K. Ganguly, Sr. Advocate, Shri K.N. Choudhury, Sr. Advocate for the respondent Union of India.3. The facts are that the Government of India announced a separate Industrial Policy for the North-Eastern Region in the month of December, 1997 to stimulate development of industries so that the Region overcomes its continuing backwardness. The State of Assam also announced their industrial policy. In order to make operational the policy, number of Notifications were issued by the Government of India as well as the State of Assam and out of them Excise Notification issued by the Ministry of Finance on 8-7-99 on the eve of the Hon'ble Prime Minister's visit to Assam was the major incentive.4. The case of the writ...
Tag this Judgment!Court : Guwahati
Decided on : Jan-07-2002
A.H. Saikia, J.1. This appeal was filed by the appellants under Section 39(1) of the Arbitration Act, 1904 assailing the impugned judgment and order dated 20.5.1995 passed by the learned District Judge, Karimganj in Misc. (Arbitration) Case No. 134/91 setting aside the Award of the Arbitrators. The firm of the appellant's M/s Kara Mohan Sen, dealing in goods like stationery, plastic goods, glass bangles, imitation jewelleries and other goods, etc., was situated at Madan Mohan Road at Karimganj Town. The entire stocks of the goods of the firs was insured with the then Hindustan General Insurance Society Ltd., which was lateron taken over by the National Insurance Company vide Notification dated 31.12.1973 (for short 'the Insurance Company') by two policies being No. 226793 dated 31.1.1969 for Rs. 10,000 and 226649 dated 30.12.1968 for Rs. 30,000. A devastating fire broke out on 15.11.1969 at Karimganj Bazar arid the Petitioners/Appellants' firm was gutted causing damage of goods worth ...
Tag this Judgment!Court : Guwahati
Decided on : Mar-26-2002
D. Biswas, J. 1. This petition under Article 226/227 of the Constitution of India has been initiated by the Oil India Limited for issue of a writ quashing the impugned notification dated 25.1.2000 published in the Gazette of India Extraordinary dated 25.1.2000 (Annexure - D) . The impugned notification reads as follows :-NOTIFICATION New Delhi, the 25th January, 2000S.O.70(E) - In exercise of the powers conferred by Subsection (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, the Central Government after consultation with the Central Advisory Contract Labour Board, hereby prohibits the employment of contract labour in the jobs, operations or processes specified in the Schedule annexed hereto, in the establishment of the Oil India Limited (Pipeline Division), with effect from the date of publication of this notification in the Official Gazette. .SCHEDULE1. Office clerk/typist2. Driver3. Mason4. Security Guard5. Carpenter6. Painter.7. Electrician8. Welder9...
Tag this Judgment!Court : Guwahati
Decided on : Apr-10-2002
S.K. Kar, J. 1. Petitioner/Plaintiff, Shri Laishram Indrakrishna Singh, being dissatisfied with the order dated 26.2.2002 passed in Judl. Misc. 111 of 2001 (arising out of O.S. No. 33 of 2000) filed this Revision petition along with a prayer for maintaining status quo with respect to the land described in the schedule to the plaint concerned (hereinafter called the suit land). The suit land was described as follows: 'Schedule of the suit land Out of the land under old patta No. 421 corresponding to new patta No. 729-844 of village No. 87 (A) Khwal Bazar covered by C.S. Dag No. XV1II/226 of 226/326, situated at Paona Bazar, Imphal, the land forming 'L' shape, measuring an area of 10' from South to North and 35' from West to East and extending towards north on the eastern side upto 30' from the southern boundary line and 15' in width measuring from east to west which lies on the south western side of the patta land and bounded on the : North :- Land of Th. Surchand Singh ; South :- L...
Tag this Judgment!Court : Guwahati
Decided on : Jun-21-2002
I.A. Ansari, J. 1. Being adventurist by nature, man has, generally, opted to take risks. Being unable to bring under control his instinct for greed, man has been indulging in adventurist activities, which may make him own worldly materials. Thus, a combined instinct of adventurism and greed has always drawn man to gambling and betting. Though detested from time immemorial, gambling and betting have continued, sometimes, on account of man's failure to win over his instinct of adventurism and greed and, sometimes, at the initiative taken by others to draw man to gamble in order to reap benefits. Lottery has been one of such forms of gambling since 100 B.C. It was Cheung Leung of China's Hun Dynasty, who created game of lottery of keno to raise funds for his army in the year 100 B.C. By drawing his war-tired people to indulge in this game of chances, he not only made them contribute to his army, but also helped fund the Great Wall of China. As a game of chance, lottery became nothing bu...
Tag this Judgment!Court : Guwahati
Decided on : Aug-12-2002
S.K. Kar, J.1. The petitioner Sh. Lalnghakliana presented this petition under Article 226 of the Constitution of India alleging violation of Articles 14, 16, 21, 309, etc., of the same and seeking appropriate reliefs.2. Briefly stated, facts are as follows : The petitioner initially was appointed as Teacher in Hmuizawl L. P. School with effect from 1.6.1964 by Education Officer, Mizoram District Council vide Establishment Order No. 69 of 1964, dated 5.6.1964 and the Education Officer has been succeeded by the present respondents. While in service the petitioner was subsequently transferred from Hmuizawl to Sihphir, Nisapui and at Kepran L. P. School. He was asked by the said authority to remain at Aizawl vide Order No. 232 of 1970, dated 5.2.1970 as a security measure to protect his life as his name appeared in the hit-list of M.N.F. during the period of disturbance in Mizoram due to insurgency. And thereafter, in 1974 the petitioner submitted representation for his posting but no act...
Tag this Judgment!Court : Guwahati
Decided on : Aug-27-2002
L.A. Ansari, J. 1. Claiming to be perplexed at the decision of the State Government and challenging the virus and constitutionality of the State Cabinet's decision to select and nominate candidates for pursuing the courses of MBBS and BDS on the basis of a policy, which provides for making selection and nomination of those candidates, who do not come within the zone of consideration on the basis of the merit list prepared following the Joint Entrance Examination (hereinafter, in short, called as 'the JEE'), but are from such districts (s) from which no candidate could be selected on the basis of merit alone for pursuing the said courses, the principle, thus, being that each district of the State must get representation if any of its candidate has received the requisite qualifying marks, though he may be far lower than others in the merit list, the petitioners have approached this Court. 2. By this application made under Article 226 of the Constitution of India, the petitioners, who ...
Tag this Judgment!Court : Guwahati
Decided on : Nov-12-2002
B. Lamare J. 1. Heard Mr. P. Dey, learned Addl. Central Govt. Standing Counsel for the appellant, Mr. T.T. Diengdoh, learned counsel for the respondent No. 1 and Mr. S. Dutta, learned counsel for the respondent No. 2.2. An area measuring about 93 acres located at Spread Eagle Falls in Shillong was required by the Government on behalf of Defence Ministry, . Government of India and a Notification No. RLA-435/67/15 dated 10.10.1969 was published on 15.10.1969 in the Meghalaya Gazette Under Sections 4(1) of the Land Acquisition Act, 1894 (in short the Act). Subsequently a declaration Under Section 6 of the Act was issued vide No. RLA-435/67/40 and published on 10.3.1971. After completing with the acquisition proceeding, the Collector/Deputy Commissioner, Shillong awarded a compensation of Rs. 23,71,097.60p (Rupees twenty three lakhs seventy one thousand ninety seven and paisa sixty) only in favour of Sri A.S. Khongphai. However, an objection was raised by the third party viz., Mrs. Krisi...
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